[Federal Register Volume 88, Number 228 (Wednesday, November 29, 2023)]
[Notices]
[Pages 83397-83399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26235]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-850]


Thermal Paper From the Republic of Germany: Preliminary Results 
of Antidumping Duty Administrative Review; 2021-2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that certain producers/exporters subject to this 
administrative review made sales of subject merchandise at less than 
normal value (NV) during the period of review (POR) of May 12, 2021, 
through October 31, 2022. Interested parties are invited to comment on 
these preliminary results.

DATES: Applicable November 29, 2023.

FOR FURTHER INFORMATION CONTACT: Ashley Cossaart, AD/CVD Operations, 
Office IX, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0462.

SUPPLEMENTARY INFORMATION:

Background

    On November 22, 2021, Commerce published in the Federal Register 
the antidumping duty order on thermal paper from the Republic of 
Germany (Germany).\1\ On November 1, 2022, Commerce published in the 
Federal Register a notice of opportunity to request an administrative 
review of the Order for the POR.\2\ On January 3, 2023,

[[Page 83398]]

based on timely requests for review, in accordance with 19 CFR 
351.221(c)(1)(i), we initiated an administrative review of the 
Order.\3\ Commerce is examining Koehler Paper SE and Koehler Kehl GmbH 
(collectively, Koehler) as the sole mandatory respondent in this 
review.\4\ In June 2023, we extended the deadline for preliminary 
results of this administrative review to no later than November 22, 
2023.\5\ For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\6\
---------------------------------------------------------------------------

    \1\ See Thermal Paper from Germany, Japan, the Republic of 
Korea, and Spain: Antidumping Duty Orders, 86 FR 66284 (November 22, 
2021) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation Opportunity to Request Administrative Review 
and Join Annual Inquiry Service List, 87 FR 65750 (November 1, 
2022).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 50 (January 3, 2023); see also 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 88 FR 15642 (March 14, 2023) (correcting our mistake in 
initiating a review of Matra, a U.S. importer of subject 
merchandise).
    \4\ See Memorandum, ``Respondent Selection,'' dated February 7, 
2023; Memorandum, ``Additional Respondent Selection,'' dated 
February 23, 2023; and Commerce's Letter, ``Matra Americas LLC 
Reporting Methodology,'' dated March 17, 2023.
    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of the 2021-2022 Antidumping Duty Administrative Review,'' 
dated June 27, 2023.
    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2021-2022 Administrative Review of the Antidumping 
Duty Order on Thermal Paper from the Republic of Germany,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the Order is thermal paper from Germany. 
For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). We calculated 
constructed export price in accordance with section 772 of the Act. We 
calculated NV in accordance with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of the 
topics discussed in the Preliminary Decision Memorandum is attached as 
an appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margin exists for the period May 12, 
2021, through October 31, 2022:
---------------------------------------------------------------------------

    \7\ Commerce has preliminarily determined to collapse these 
companies and treat them as a single entity. For further discussion, 
see Preliminary Decision Memorandum.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Koehler Paper SE; Koehler Kehl GmbH \7\....................        0.75
------------------------------------------------------------------------

Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this review. 
Pursuant to 19 CFR 351.212(b)(1), because Koehler reported the entered 
value for all of its U.S. sales, we calculated importer-specific ad 
valorem duty assessment rates based on the ratio of the total amount of 
antidumping duties calculated for the examined sales to the total 
entered value of the sales for which entered value was reported. Where 
either Koehler's weighted-average dumping margin is zero or de minimis 
within the meaning of 19 CFR 351.106(c), or an importer-specific rate 
is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise during the POR produced by Koehler for which it did 
not know that the merchandise it sold to an intermediary (e.g., a 
reseller, trading company, or exporter) was destined for the United 
States. In such instances, we will instruct CBP to liquidate those 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\8\
---------------------------------------------------------------------------

    \8\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated duties, 
where applicable. Commerce intends to issue assessment instructions to 
CBP no earlier than 35 days after the date of publication of the final 
results of this review in the Federal Register. If a timely summons is 
filed at the U.S. Court of International Trade, the assessment 
instructions will direct CBP not to liquidate relevant entries until 
the time for parties to file a request for a statutory injunction has 
expired (i.e., within 90 days of publication).

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for the company 
listed above will be that established in the final results of this 
review, except if the rate is less than 0.50 percent and, therefore, de 
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the 
cash deposit rate will be zero; (2) for previously reviewed or 
investigated companies not covered by this review, the cash deposit 
will continue to be the company-specific rate published for the most 
recently completed segment of this proceeding in which the company 
participated; (3) if the exporter is not a firm covered in this review, 
or the less-than-fair-value (LTFV) investigation, but the manufacturer 
is, the cash deposit rate will be the rate established for the most 
recent segment for the manufacturer of the merchandise; and (4) the 
cash deposit rate for all other manufacturers and/or exporters will 
continue to be 2.90 percent, the all-others rate established in the 
LTFV investigation.\9\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \9\ See Order, 86 FR at 66286.
---------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to interested parties within five days after the 
date of publication of this notice.\10\ Pursuant to 19 CFR 351.309(c), 
interested parties may submit case briefs to Commerce no later than 
seven days after the date of the last verification report issued in 
this administrative review. Rebuttal briefs, limited to issues raised 
in the case briefs, may be filed not later than five days after the 
date for

[[Page 83399]]

filing case briefs.\11\ Interested parties who submit case briefs or 
rebuttal briefs in this proceeding must submit: (1) a table of contents 
listing each issue; and (2) a table of authorities.\12\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.224(b).
    \11\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023).
    \12\ See 19 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their briefs that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\13\ Further, 
we request that interested parties limit their executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the executive summaries as the basis of the comment 
summaries included in the Issues and Decision Memorandum that will 
accompany the final results in this administrative review. We request 
that interested parties include footnotes for relevant citations in the 
executive summary of each issue. Note that Commerce has amended certain 
of its requirements pertaining to the service of documents in 19 CFR 
351.303(f).\14\
---------------------------------------------------------------------------

    \13\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \14\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings; Final 
Rule, 88 FR 67069 (September 29, 2023).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. An electronically filed 
hearing request must be received successfully in its entirety by 
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time 
within 30 days after the date of publication of this notice. If a 
request for a hearing is made, parties will be notified of the time and 
date for the hearing.\15\
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis raised in any written briefs, not later than 120 days after 
the publication of this notice in the Federal Register, pursuant to 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Verification

    On April 13, 2023, Domtar Corporation and Appvion, LLC 
(collectively, the petitioners in this proceeding) requested that 
Commerce conduct verification of the factual information submitted by 
the respondent in this administrative review.\16\ Accordingly, as 
provided in section 782(i)(3) of the Act, Commerce intends to verify 
the information relied upon for its final results.
---------------------------------------------------------------------------

    \16\ See Petitioners' Letter, ``Request for Verification,'' 
dated April 13, 2023.
---------------------------------------------------------------------------

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 
351.221(b)(4).

    Dated: November 21, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Collapsing
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2023-26235 Filed 11-28-23; 8:45 am]
BILLING CODE 3510-DS-P